January 2018

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Here’s an important case we’ve been following out of Louisiana. 

The case is an appeal to the Louisiana Supreme Court in an expropriation case from a quick-take of a Mississippi River docking facility downriver from New Orleans. The Port took the entire VDP facility, made no change in how the property was used, and eventually turned over operation of the facility to a “hand-picked” private operator.

In St. Bernard Port, Harbor & Terminal District v. Violet Dock Port, Inc., No. 2017-C-0434 (Jan. 30, 2017), the Louisiana Supreme Court upheld the taking  of VDP’s property by the Port so that the Port could run it itself. The owner challenged the power to take, as well as the compensation awarded. The Supreme Court held that the Port has the power to take the docking facility so that the Port could operate the facility: 

Consistent with the authority given to…

Continue Reading Louisiana Supreme Court: Port Can Take Docking Facility To Run It Itself, But Fell Short Of Fully And Fairly Compensating Owner

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We’re on our third day at the 2018 ALI-CLE Eminent Domain and Land Valuation Conference in Charleston, SC, and as usual, we’re having our headline presentations by takings guru Michael Berger (pictured above), who is updating us on the most interesting and important cases of the past year, and Jim Burling, who will be answering the question, “Should We Rethink Regulatory Takings Law? The Takings Clause, Privileges and Immunities, and Due Process.”

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Here are links to the…

Continue Reading ALI-CLE Eminent Domain Conference, Third Day: Berger And Burling On Takings

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This morning, at the 2018 ALI-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina, we announced the dates and venue for the 2019 Conference: Palm Springs, California.

The conference hotel is the Renaissance Palm Springs Hotel, which has the advantage of being a resort facility, but right in town (so you will have many options for “off campus” activities like art museums, the aerial tram, golf, and whatever suits your fancy). Plus, it’s a short hop from the Palm Springs airport.

This in-person registrations for 2018’s Charleston program sold out, as did our conference hotel, so for 2019 we chose a location and hotel which can accommodate the growth of the conference. But one of the lessons learned from this year’s conference is that you should hold the dates on your calendar now, and when ALI-CLE releases the registration page, you should not wait to…

Continue Reading 2019 ALI-CLE Eminent Domain & Land Valuation Litigation Conference Venue Announcement: Palm Springs, CA, Jan 24-26, 2019

Our upcoming American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference in Charleston, South Carolina has SOLD OUT our in-person registrations. 

We will have a record attendance (with over 100 first-time attendees) and the conference hotel has informed us that we can fit no more people in the meeting rooms. We cannot remember this happening before, but it tells us that we will have an energizing and exciting conference. 

Thank you to all of you who signed up and are coming or joining in online for the webcast — we’ll see you soon at the “four corners of the law.”

And if you delayed too long in registering, please don’t despair. You can still attend from home or the office because ALI has set up a live webcast of the sessions. Go here for more on how to sign up to attend by webcast.

And stay…

Continue Reading ALI-CLE Eminent Domain & Land Valuation Conference – In-Person Registration SOLD OUT (But You Can Still Join By Live Webcast)

Stewart Yerton, a reporter at Honolulu Civil Beat but also a lawyer, has posted a report about an ongoing eminent domain case in which the State of Hawaii’s Attorney General is condemning a one-acre parcel on the south shore of Maui, property which the State had been leasing on a long-term 30-year lease. The above video is an aerial view of the property and its surrounding area. My firm represents the property owner in the case. 

The report’s headline asks “Is This Maui Landowner Getting A Raw Deal From The State?“

In 2013, after nearly 20 years of leasing the property, the AG condemned the land because, in the words of one of his deputies, the lease “has not been great for the state.” (The State thought it was paying too much in rent.)

The AG’s initial condemnation appraisal concluded the highest and best use of the…

Continue Reading Eminent Domain Abuse, Hawaiian Style

Here’s the first post-Murr cert petition (as far as we can tell), in a case we’ve been following. As we wrote in “The First Post-Murr Case? Fourth Circuit: No Taking Because Anti-Development Merger Regulations Actually Make Property Developable,” the Fourth Circuit concluded:

[T]he County’s regulations were run-of-the-mill zoning/land use ordinances, and thus were not a taking, nor violations of the related substantive due process and equal protection claims. Because the County had no obligation to extend sewer services to the plaintiff’s parcels, he had no property interest that was taken by the development prohibition. 

The court rejected the owner’s attempt to distinguish Murr. He pointed out that he purchased his property before the restrictive regulations were adopted, and not afterwards like the Murr children. See Murr, 137 S. Ct. at 1945 (“the “expectations . . . an acquirer of land must acknowledge legitimate restrictions affecting…

Continue Reading First Post-Murr Cert Petition

What to make of this? A blog aimed at condemning authorities, with advice on how to avoid a claim for precondemnation damages. Okay, nothing wrong with that. Condemnors deserve good legal counsel as much as other parties. Indeed, having inexperienced counsel for the condemnor often makes resolving cases harder than it should be.

But check this out, a recent post entitled “Practice Tip to Avoid the Potential for Precondemnation Damages,” which notes (in its entirety):

This is a practice tip to avoid the potential for precondemnation damages.  In all project documents, refer to future land acquisitions in noncommittal, tentative, conditional language.

Examples:

  • “The proposed acquisition”
  • “The acquisition under staff consideration”
  • “The recommended acquisition”
  • “No decision has been made to acquire the property”
  • “Only the governing board can make the decision to acquire the property by eminent domain”

Project maps showing required acquisitions should be referred…

Continue Reading Protip For Condemnors: For Planned Projects, Play Hide The Ball: “Project maps showing required acquisitions should be referred to as ‘studies,’” And “[b]oth in reality and in appearance, advise staff not to leave a paper trail”

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Two items from land use guru Lawprof Daniel Mandelker:

  • A link to his resource web site, appropriately titled “Land Use Law.” It’s where we go to keep up with all of the land use and related (including takings) stuff.  Includes photos of the sites in key casess (like our “takings piligrimages“), the newest decisions and articles related to land use law, and links to other resources. Frequently updated. We’re adding it to our “Links” sidebar (scroll about halfway down our page on the right). Our suggestion: visit frequently. We’ve done so for a number of years, and you should also.
  • Also, Professor Mandelker just published the above book, “The Law of the Fourteenth Amendment.” And we must say that the cover has has the best photo of the U.S. Supreme Court building that we’ve ever seen. Absolutely the best! (All kidding aside, thanks

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Continue Reading New Resource, New Book (The Law of the Fourteenth Amendment)

35th Annual Advanced Course

Logo_150pxEminent Domain and
Land Valuation Litigation

Live Program | Video Webcast | Video Webcast Segments

Thursday – Saturday, January 25 – 27, 2018
Francis Marion Hotel | Charleston, SC

Do not miss this popular conference! Intended for all eminent domain and land use practitioners, both experienced and those new to the practice. You can even customize the unique curriculum to work for you: freely go between the Advanced and 101 tracks, with additional tracks for Practice and Substantive law.

With a faculty of national experts who offer both condemnor and property owner perspectives, this is the big program, and the one you don’t want to miss.

Recognized and experienced professionals representing the diverse stakeholders in these cases will discuss the issues hitting your desk today or in the future, including:

  • Overlap of condemnation and regulatory takings: Murr and other blurred lines
  • Takings and damaging by flood

…
Continue Reading ALI-CLE Eminent Domain & Land Valuation Conference – There’s Still Time To Join Us In Charleston